TERMS AND CONDITIONS


By using BEST PICK DISPOSAL, INC., hereinafter referred to as BPD, you signify that you agree to the terms of use. We reserve the right, at our discretion, to change, modify, add, or remove portions of these terms at any time. Your continued use of this service following the advice of changes to the terms will mean you accept those changes.

CUSTOMER OBLIGATIONS:

Provide a right-of-way to and from CUSTOMER�S equipment location nearest to the most convenient public way, any surface must be sufficient to bear the weight of all of BPD�s equipment and vehicles, reasonably required to perform its obligations as set forth in BPD�s standard terms of service and agreement. CUSTOMER shall provide a convenient and sufficient location for the placement of equipment with a minimum of three (3) feet on all sides (including sides and rear space) between BPD�s equipment and CUSTOMER�S permanent structures. If the designated area for placing the equipment is a parking lot, CUSTOMER shall provide a minimum of six (6) feet on all sides (including sides and rear space) from designated parking.

CUSTOMER will give BPD free access to it�s equipment at all times and hereby agrees to hold BPD harmless and free from all liability for damage done to any private pavement or accompanying subsurface on any right-of-way CUSTOMER presents as sufficient to bear the weight of BPD�s equipment and vehicles reasonably necessary to the performance of any service set forth in accordance with BPD�s standard terms of service and agreement.

For all accounts, excluding cash on delivery (COD) accounts, BPD will invoice CUSTOMER and CUSTOMER agrees to make payment within ten (10) days of invoice date. Temporary service will be paid in advance. Service will be suspended after one (1) month of non-payment and will continue to be billed as long as BPD�s equipment is at CUSTOMER�S location. The CUSTOMER agrees to pay $25.00 charge for each returned check.

RESIDENTIAL CUSTOMERS:

Should you require additional trash pick-up, please contact our office 24 hours prior to your scheduled service day. Fee: $5 for up to 3 lawn-size black garbage bags (equivalent to 96 gallon container) and $1 per bag thereafter. Extra pick-up service on a non-scheduled service day is $10.00. Should this service become on-going we suggest an additional container.

COMMERCIAL/CONSTRUCTION CUSTOMERS:

No concrete, roofing, dirt accepted in Front-end load containers due to 750lb weight limit. Maximum size Roll-off container for roofing materials is 20 cubic yards due to weight limits. If your load is too heavy or filled beyond the rim an overweight charge will apply and amount determined by overage. For all Roll-off customers, a minimum of 1 haul requirement within a 30-day period applies. If minimum is not met, CUSTOMER will be automatically assessed a daily or monthly inactive equipment fee per agreement. For all Front-end load customers, a minimum of 2-empties per 30-day period applies. If minimum is not met, customer will automatically be assessed a daily or monthly inactive equipment fee per agreement.

LIABILITY FOR EQUIPMENT:

CUSTOMER acknowledges that it has the care, custody and control of equipment owned by BPD and accepts responsibility for the equipment and its contents except when it is being physically handled by employees of BPD. Therefore, CUSTOMER expressly agrees to defend, indemnify and hold harmless BPD from and against any and all claims of loss or damage to property or injury to or death of person(s) resulting from or arising in any manner out of CUSTOMER�S use, operation or possession of any equipment furnished under BPD�s standard terms of service and agreement. CUSTOMER will promptly reimburse BPD for any damage or loss of the equipment regardless of cause or fault, including vandalism. Equipment damage beyond repair will be paid for by the CUSTOMER at replacement cost.

ATTORNEY�S FEES AND COSTS:

If any action at law or in equity is necessary to enforce or interpret the conditions of BPD�s standard terms of service and agreement, the prevailing party shall be entitled to reasonable attorney�s fees, costs, and all other necessary disbursements in addition to any other relief to which such party may be entitled. CUSTOMER will be liable for any collection agency charges arising from unpaid balances after 90days.

GENERAL:

BPD shall not be liable for any failure to perform scheduled service caused by weather, strikes, shortage of materials or other causes beyond its control. Should you require service, please contact our office at least 1 business day in advance.

INDEMNIFICATION CLAUSE:

CUSTOMER shall indemnify and save harmless BPD and its agents and employees from all suits, actions, or claims of any character, types, or description brought or made for or on account of any injuries or damages received or sustained by any person(s) or property arising out of or occasioned by the negligent acts of the CUSTOMER or its agents or employees and the execution for performance of BPD�s standard terms of service and agreement.

Paying Your Bill

Your payment is due and payable on or before the due date printed on the front of this invoice/statement. Your payment may be made by these methods: